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If your child is Under 21 and has been charged with a DUI in Massachusetts,
you need to act fast and get help.

If your child is under the age of 21 and has recently been charged with an OUI, it’s important that you have a full understanding of the potential penalties that he/she faces before you make any decisions. Since the enactment of Melanie’s Law on October 28, 2005, persons under the age of 21 find themselves in a much different position than persons of legal drinking age when charged with an OUI. For instance, if your son is under 21 and he refused the Breath Test, he will face not only a Breath Test refusal suspension of 3-years, but a suspension of at least 180 days under Mass. Gen. Laws ch. 90 § 24P, the Junior Operator Law (JOL). While the Breath Test refusal suspensions remain the same for all persons under the age of 21, the duration of the JOL suspension depends on whether or not your child has reached the age of 18. Below is a summary of the licensing consequences associated with an OUI for a person under the age of 21. If you’d like to speak directly with Attorney Higgins regarding your son or daughter’s situation, please submit a Free Case Evaluation or call (508) 930-4273.

Our firm practices 100% OUI Defense. We understand the significance of this charge and the impact it may have on your life.

Submit A Free Case Evaluation or call (508) 930-4273 24/7 to speak with Attorney Higgins directly for free.

If your child is under the age of 18 and refuses the Breath Test:

1st Offense OUI: 3-year Refusal Suspension + 1-year JOL Suspension
2nd Offense OUI: 3-year Refusal Suspension + 1-year JOL Suspension
3rd Offense OUI: 5-year Refusal Suspension + 1-year JOL Suspension
4th Offense OUI: Lifetime Refusal Suspension + 1-year JOL Suspension

NOTE: If you win your case, upon order of the court you can get out from under the Refusal Suspension. Additionally, the JOL Suspension can be reduced to 180 days upon entry into the First Offender’s Alcohol Education Program.

If your child is between the ages of 18 and 21 and refuses the Breath Test:

1st Offense OUI: 3-year Refusal Suspension + 180-day JOL Suspension
2nd Offense OUI: 3-year Refusal Suspension + 180-day JOL Suspension
3rd Offense OUI: 5-year Refusal Suspension + 180-day JOL Suspension
4th Offense OUI: Lifetime Refusal Suspension + 180-day JOL Suspension

NOTE: If you win your case, upon order of the court you can get out from under the Refusal Suspension. Additionally, the JOL Suspension can be waived upon entry into the First Offender’s Alcohol Education Program.

If your child is under 21 and produced a result of .02 or greater on the Breath Test, he/she failed under Massachusetts law.

For you and I, because we are over the age of 21, we need to produce a Breath Test result of .08 or greater to be considered a “failure.” That is not the case for persons under the age of 21. While .08 or greater is still necessary to prove your child guilty of an OUI in cases where the government introduces a Breath Test result, .02 is all that is necessary to suspend his/her license when he/she has consented to the Breathalyzer Test:

Ages 18-21: 30 Days + 180-day JOL Suspension
Under 18: 30 Days + 1-year JOL Suspension

NOTE: Upon entry into the First Offender’s Alcohol Education Program, the JOL suspension may be waived in its entirety for persons between 18 and 21, and reduced to 180 days for persons under the age of 18.

Submit A Free Case Evaluation or call (508) 930-4273 24/7 to speak with Attorney Higgins directly for free.

Southshore Office
306 Washington St,
Norwell, MA 02061

Northshore Office
800 Turnpike St, Suite 300
North Andover, MA 01845

Boston Office
One Boston Place, Suite 2600
Boston, MA 02108

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